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Holland & Hart employment attorneys bring substantial experience in state and nationwide class action litigation. We have successfully defeated class certification in multiple state and federal jurisdictions, involving a variety of types of claims. Members of our team have handled several 100+-member FLSA collective actions, ADA accommodation class actions, and multiple sex, age, race and national origin class actions.
Clients have included a major oil company, an international package delivery company, a credit card company, a leading home mortgage company, and a premier national bank. In the oil company case, Holland & Hart successfully defeated class certification of a potential 4,000-member, $750 million class, covering 355 companies and 700 locations. Holland & Hart vigorously and successfully opposed any class discovery and the plaintiffs’ attempt to depose our client's CEO. Indeed, we obtained an order requiring the plaintiffs’ counsel to pay our client's legal fees related to seeking a protective order.
We also have defended a variety of Fair Labor Standards Act claims against a nationwide retailer and the nation's third-largest tobacco company, and have defended ADA claims brought by the Cross-Disability Coalition against a national restaurant chain. Holland & Hart is currently representing several prominent providers of health insurance benefit plans in class actions brought under ERISA.
In addition, Holland & Hart has been lead counsel for a full-service, multi-line provider of insurance and financial services in a nationwide class action filed in Kansas by former agents seeking to be paid commissions after their termination. The proposed class included about 10,000 agents. Our attorneys defeated class certification and won summary judgment on the merits, after which the case was settled. We also succeeded in having the same case dismissed in Wyoming for lack of subject matter jurisdiction. Our Wyoming office has also defended a national department store in a nationwide class action filed by former sales associates, seeking additional commission income.
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| Representative Class Action Cases |
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Holland & Hart has represented or is currently representing several corporations in class actions alleging sex, age, and race discrimination, including: - Successfully defended Hamilton Sunstrand in a pattern and practice multi-plaintiff action alleging national origin discrimination brought by the EEOC.
- Successfully defended cement industry leader in an EEOC pattern and practice race discrimination and harassment case in U.S. District Court in Denver; our client won summary judgment from the court.
- Represented several prominent providers of health insurance benefit plans in class actions brought under ERISA.
- Successfully defeated class certification of a potential 4,000-member, $750 million class, covering 355 Texaco companies and 700 locations in a case seeking to certify a class by all female employees in numerous job titles including various terms and conditions of employment. This case was filed against Texaco and various subsidiaries.
- Successfully defeated class certification in a massive sex discrimination claim brought against United Parcel Service in the Rocky Mountain Region. United Parcel Service faced a 33-plaintiff class action alleging claims of sex discrimination, sexual harassment, violations of the Equal Pay Act and other claims arising out of all of their Colorado facilities and encompassing job classifications ranging from entry level positions to senior long-term facility managers.
- Successfully defeated class certification in a case against United Parcel Service involving all African American employees in the Rocky Mountain Region alleging race discrimination regarding various terms and conditions of employment.
- Represented Yellow Cab in a class action brought by the Executive of the Colorado Cross-Disability Coalition for alleged violations of Title III of the Americans with Disability Act. After filing a motion for summary judgment, we successfully negotiated a settlement of the action with an agreement by Yellow Cab to adopt improved taxicab practices that better serve metro Denver’s disabled community. The settlement involved no payment of money or attorneys’ fees.
- Successfully represented Citicorp Diners Club in a class action brought by the EEOC alleging race discrimination.
- Defended retail grocery chain in successfully resolving class claims by 18 named plaintiffs alleging race discrimination.
- Defended FMLA collective action and ADA/ERISA class action against Agilent Technologies. Plaintiffs settled the case after initial discovery and briefing on the motion for class certification/conditional certification.
- Defended an international restaurant chain in ADA Title III class actions in Colorado and California. Colorado action resolved; California action still pending.
- Represented major companies in resolving potential class actions, including through use of mediation and arbitration.
| | FSLA and Wage/Hour Class Actions |
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Our attorneys are highly experienced in FLSA collective actions and wage and hour class actions. Representative cases include: - Defense of AIMCO, the largest residential real estate investment trust (REIT) in the country, in an FLSA collective action filed in federal court in Washington, D.C., alleging nonpayment of “on call” and overtime compensation affecting about 8,000 employees. In addition, we assisted the company in a U.S. Department of Labor investigation involving similar claims and negotiated a comprehensive settlement on the potential wage/hour claims of over 15,000 employees. We also handled a class action case in California for employees claiming wage statute violations.
- Representation of a leading provider of management and technical services to the U.S. government in a pending FLSA and Utah Wage Act class action seeking straight-time and overtime payments on behalf of 300 non-exempt employees at a plant in Utah.
- Representation of a U.S. Army contractor in a pending class action seeking compensation for off-the-clock work under employment agreements for 3,000 mechanics and warehouse employees providing support for military operations in Iraq.
- Represented a global science and technology enterprise in a pending class action under the FLSA and the Utah Wage Act seeking straight-time and overtime payments for off-the-clock work by 50 technicians at Battelle’s Utah operation.
- Defended FLSA class action in Utah federal court and two separate Colorado Wage Claim Act overtime class actions against retail restaurant chains.
- Represented Fleetwood Enterprises, Inc., a Riverside, California-based Fortune 500 manufacturer of recreational vehicles and producer of manufactured housing, in connection with an FLSA collective action and related state law claims brought in federal court in Boise, Idaho. The case involved a nationwide class of employees at Fleetwood’s manufacturing plants, who alleged off-the-clock work and overtime violations. Between 3,000-4,000 current and former employees opted into the case.
- Represented Kinross Gold in an FLSA collective action and state wage and hour class action in the U.S. District Court for Alaska. A putative class consisting of 300 former and current employees claimed they were not paid for work performed off-the-clock. After filing a motion for summary judgment and motion to decertify the conditionally-certified class, plaintiffs settled the case for less than a tenth of the wags claimed by the putative class members.
- Represented Albertson’s, Inc., one of the largest supermarket chains in the United States, in a multi-state FLSA collective action involving allegations of off-the-clock work and misclassification of managers.
- Represented Storage Technology Corporation, a Colorado-based data storage manufacturer, in an FLSA collective action in the United States District Court in Denver involving allegations of failing to pay for “on-call” time.
- Defended several other clients in similar FLSA and wage/hour collective or class actions.
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